TDOCSC
TDOCSC
TDOCSC
E-Tender Notice
From: To,
AGM (Planning), O/o GMTD
Main Telephone Exchange, Civil lines
Faizabad-224001
No. GMTDFYBA/Plg/EOI/OCSC/2022-23/ Dated: 01.06.2022
Sub: - EOI for outsourcing the Operation and Maintenance of CSCs in BA Faizabad of UP (East)
Telecom Circle.
13 Annexure 1 52-57
Page 1 of 66
.........................................................................................................................................................
Regd. & Corporate Office: Bharat Sanchar Bhavan, H.C.Mathur lane, Janpath, New Delhi-110001
Corporate Identity Number (CIN):U74899DL2000GOI107739 www.bsnl.co.in.
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
AGM (Planning), O/o General Manager Telecom District
Main Telephone Exchange,Civil lines
Faizabad-224001
SECTION – 1
DETAILED NOTICE INVITING E-TENDER (DNIT)
Digitally Sealed Tenders are invited by the General Manager Telecom District Faizabad UP
(East)Telecom Circle, On behalf of BSNL, for outsourcing the Operation and Maintenance of
Category-I, II and III CSCs in Faizabad BA of UP (East) Telecom Circle for a period of 1 year
(extendable by 1 year)of CSC.
Nam
Name Location
Name of Work e of EMD in Rs
of CSC of CSC Cost of Bid
SSA
Document
Outsourcing the
Operation & CAT I – Rs. 1 Lakh
Maintenance of CAT II – Rs. 75000/-
CSC in As per Annexure-A Rs. 1180/- CAT III A) - Rs. 10,000/-
Faizabad BA CAT III B) – Rs. 25,000/-
CAT III C) – Rs. 50,000/-
Note: Bidder may choose to bid for any number of CSC offered in the EOI. The List of CSCs are as
per Annexure-A.
1. Purchase of Tender Document: Mutual Non-Disclosure Agreement (on Rs. 100/- Non-Judicial
Stamp paper) attached as Annexure-I is mandatory for obtaining EOI document. Intending
bidder may obtain copy of EOI document from the www.upe.bsnl.co.in on payment of Rs. 1180
only (Non-Refundable) on all working days. The payment shall be accepted in the form of A/c
Payee Demand Draft, drawn in any Scheduled Bank in India in favor of Accounts Officer
(Claim), O/o GMTD BSNL, Faizabad, UP (East) – Telecom Circle -224001.
1.1 The bidders downloading the EOI document are required to submit the tender fee of amount
1000.00 (INR) + applicable GST @ 18% i.e. Rs.1180/- through DD / Banker’s cheque
alongwith their tender bid failing which the tender bid shall be left archived unopened/ rejected.
The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favor of
“AO (Cash),
O/o GMTD BSNL, UP (East).” and payable at Faizabad.
The MSE bidders registered with the designated MSME bodies like National Small Scale
Industries Corporation etc. are exempted from payment of tender fee. However, they shall
furnish a proof regarding registration with bodies under the Ministry of Micro, Small & Medium
Enterprises for Operation and Maintenance of CSCs, valid on the date of opening of the tender.
The scope of area of the above MSE registered bidders must be for Operation and Maintenance
of CSCs MSE bidders claiming exemptions from Tender fee & EMD as per MSME guidelines
2. must also register their UAM on CPPP and submit proof in this regard along with their bid.
Page 2 of 66
2.1 Deleted.
2.2 The Tender document shall not be available for download from e-tender portal on its submission
/ closing date.
2.3 The List of CSCs are as per Annexure-A.
3.3 Bidder shall have relevant experience of setting up and running successfully at least 1000
(cumulative) square feet of raised floor commercial Customer Care Centre (excluding utilities)
from a minimum of 2 commercial customer care centers locations in India, for at least 12
months on the date of EOI bid submission.
OR
If the bidder’s company is not meeting the experience as in this Para 3.3 above, then Bid can
be submitted through a legally bound consortium (format as at Section-VI) with a company who
is having experience as in this Para 3.3 above. However in such case, the lead bidder
company must have Customer Care Centre experience in last two financial years (i.e. 2018-19,
2019-20).
OR
Call Centre Operators of BSNL (existing & Old), who have worked for BSNL for at least 1 year
& With at least 50 operator positions per month are eligible to apply for this EOI directly without
fulfilling other eligibility conditions.
3.4 All existing BSNL franchisees / RD (CM, CFA, Integrated ) having Rs.50 Lakhs cumulative
turnover from telecom business during last 3 years (i.e. financial year 2018-19, FY 2019-
20&FY 2020-21) are eligible and do not need any more eligibility criteria as mentioned in 3.2 or
3.3 above.
3.5 Bidders are required to submit certificates/documentary proof for item (3.1) to (3.3). The
verifiable reference along with the contact details shall also be cited in the bid document for
item at 3.3.
3.6 The Company should not be a Licensed Telecom Service Provider (TSP) to provide Basic
Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services anywhere
in India or owned or controlled by a TSP in India.
3.7 The Company should not have controlling equity stake (26% or more), or vice versa, in and of
any Basic Services/ Cellular Telephony Services / UASL / NLD / ILD Services operating
companies in India or their promoters
Page 3 of 66
4. Bid Security/EMD:
4.1 The Bidder shall have to pay Bid Security of –
i) Rs. 1, 00,000/- (Rs One Lakh only) for Category- I –CSC.
ii) Rs. 75,000/- (Rs. Seventy Five Thousand Only for Category II – CSC.
iii) Rs. 10,000/- (Rs. Ten Thousand Only) for Category III A) – CSC.
iv) Rs. 25,000/- Rs. Twenty Five Thousand only) for Category III B) – CSC.
v) Rs. 50,000/- (Rs. Fifty Thousand Only) for Category III C) – CSC.
The bidder shall furnish the bid EMD in one of the following ways:-
a. Demand Draft/ Banker’s Cheque drawn in favor of “AO (Cash), O/o GMTD, BSNL,
Faizabad” and payable at Faizabad.
b. Bank Guarantee(s) from a Scheduled Bank in India, drawn in favor of “AO (Cash), O/o
GMTD, BSNL, Faizabad “which should be valid for 150 days (i.e. one month abovethe
offer/ bid validity period) from the tender opening date.
c. The MSE bidders registered with the designated MSME bodies like National Small Scale
Industries Corporation etc. are exempted from payment of bid security. However, they
shall furnish a proof regarding registration with bodies under the Ministry of Micro, Small &
Medium Enterprises for outsourcing the Operation and Maintenance of CSCs, valid on the
date of opening of the tender. The scope of area of the above MSE registered bidders
must be for outsourcing the Operation and Maintenance of CSCs.
e. If the bidder withdraws his bid during the period of bid validity as in this document orIn the
case of successful bidder, if the bidder fails:
f. to sign the contract on allocation of work or
g. to furnish performance security as required herein
Date & Time of Submission of Tender bids: on or before14.00Hrs of 23.06.2022 (tender closing date).
5.1 In case the date of submission (opening) of bid is declared to be a holiday, the date of submission
(opening) of bid will get shifted automatically to next working day at the same scheduled time. Any
change in bid opening date due to any other unavoidable reason will be intimated to all the bidders
separately.
6.1 The tenders shall be opened through ‘Online Tender Opening Event’. BSNL’s Tender Opening Officers
as well as authorized representatives of bidders can attend the online Tender Opening Event (TOE)
from the comfort of their offices. Kindly refer Section-4 Part C of Tender document for further
instructions.
Tender bids received after due time & date will not be accepted.
CGMT, BSNL reserves the right to accept or reject any or all tender bids without assigning any reason.
He is not bound to accept the lowest bid.
The bidder shall furnish a declaration, as per Section 6 (A), in his tender bid that no addition / deletion /
corrections have been made in the terms & conditions of the downloaded tender document for which
their bid is being submitted and these are identical to the tender document appearing on the website.
7.1 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid
shall be treated as non-responsive and shall be rejected summarily.
Page 4 of 66
7.2 All documents submitted in the bid offer should be preferably in English/Hindi/ State’s
official language. In case the certificate viz. experience, registration etc. is issued in any
other language other than English/Hindi/ State’s official language, the bidder shall attach
a translation of the same in English/Hindi/ State’s official language, duly attested by the
bidder & the translator to be true copy in addition to the relevant certificate.
7.3 All computer generated documents should be duly signed/ attested by the bidder/ bidder
organization.
8.0 The queries in respect of this bid document, if any, can be submitted through Email
latest up to14.00of 15.06.2022
9.0 All documents uploaded on CPP portal must be digitally and hand signed.
BSNL Contact-1
E-mail ID sdepfzb@gmail.com
..
Page 5 of 66
ANNEXURE-3
Sl.
DOCUMENTS
No.
2 Bid Security in the form of Bank Guarantee for ____ valid up to 150 days
from the date of tender opening. Or A proof regarding valid registration with
body specified by Ministry of Micro, Small 2 & Medium Enterprise for the
tendered items will have to be attached along with the bid. The address
mentioned in the Registration Certificate & MSME certificate must be the
same. The enlistment certificate issued by MSME should be valid on the date
of opening of tender.
3 Scanned copy of Bid Form in Section-9 Part A duly filled up and signed.
4 Scanned Copy of Certificate of Incorporation/ Registration of firms etc. as
applicable
5 Scanned copy of Power of Attorney attested by Notary Public or Registered
with 5 Sub Registrar in favor of the signatory signing the offer and documents
as per Clause no. 14.3 of Section-4 Part A.
6 Scanned Copy of board resolution, authorizing a person for executing power
of 6 attorney in the name of person, who is signing the bid document. (In
case of Company/Institution/Body Corporate)
7 Scanned Copy of Memorandum of Association (or Partnership deed, if not a
7 proprietor firm).
8 Scanned copy of Credentials regarding experience as per clause 3
9 Scanned copy of a list of all Board of Directors of the company (In case of
Limited 11 Company).
10 Scanned copy of Near Relationship Certificate as per Section 6 Part (B)
11 Declaration that the firm is not black listed by GST Authorities agreement as
per 13 clause 4.1.2 of Section -1
12 Letter of Authorization to attend Bid opening event
13 Valid PAN Card
14 Valid Goods and Services Tax Registration Certificate(s)
15 Indemnity Bond as per Annexure-2.
16 Undertaking and Declaration as per Section-6 Part A duly filled up and signed
Page 6 of 66
17 Bidder’s Profile & Questionnaire as per Section-8 duly filled up and signed.
18 Section 9 Part C certificate for CSC wise quote.
19 Any other supporting documents asked for in bid document.
20 This Check list
21 Scanned Copy of MUTUAL NON DISCLOSURE AGREEMENT On Rs. 100/-
non -judiciary Stamp Paper
22 Attestation of the signature of the authorized signatory by the bidder’s
bankers
23 Audited results of last three financial years (FY 2018-19,FY 2019-20 and FY
2020-21
OOOOOOOOOOOOOOO..
Place:
Date:
Page 7 of 66
SECTION- 2
Tender Information
Digitally signed online bids are to be submitted in Single Stage Bidding and two
stage opening e-tendering process using two electronic Envelopes from the eligible
bidders by the time and date specified in the Bid Document.
Note: The bids will be evaluated techno-commercially first and thereafter financial
bids oftechno-commercially compliant bidders only, shall be opened.
2. Bid Validity Period - The bid will remain valid for 150 days from the tender opening
date.
3. The electronic envelopes will contain documents satisfying the eligibility / Technical &
commercial conditions in first envelope called Techno-commercial envelope and
second envelope called as Financial Envelope containing financial bid / quote.
c. Offline Documents :
The following documents are required to be submitted offline (i.e.
offlinesubmissions) to AGM (Planning) O/o GMTD, BSNL, Main Telephone
Exchange , Civil lines Faizabad-224001 on or before the date & time of
submission of bids in a sealed envelope. The envelope shall bear the tender
number, name of work and the phrase: “Do Not Open Before (due date & time
of opening of tender).
Page 8 of 66
4. Payment terms
4.1 The bidder will present monthly claims with supporting documents.
4.2 For claim of commission on postpaid new services, Performa Invoice shall be
generated by the BSNL IT system based on the business conducted, and
successful payment of same by BSNL customer. For new customer or add on
/ upgrade of service, the sales commission shall be paid as per S&D policy
2018.
4.3 Bill collection for postpaid services shall be through the CBP wallet and for pre-
paid services it shall be through the CTOPUP wallet. Commission shall get paid
as per BSNL S&D policy 2018. (Subject to future changes.)
4.4 The Bidder, while presenting monthly claims, should comply of GST, EPF &
ESI guidelines as applicable. The bidder will be responsible for non-
compliance in this regard and recovery may be done from the Bidder as per
GST, EPF & ESI guidelines.
5. Deleted
Duration of contract will be 1 year. After 1 year, contract may be extended further for 1
year on same terms and conditions based on performance.
Page 9 of 66
SECTION- 3 Part A
SCOPE OF WORK
1.1. EOI may be considered for Category-wise CSCs functioning in different SSAs
of UP (East) Telecom Circle.
(a) Sale of new SIMs. Normal and Bulk Booking/Vanity and fancy number
booking/Postpaid to pre-paid and vice versa conversions.
(b) Plan change/ISD /International roaming.
(c) VAS services.
(d) Replacement of SIMs
(e) Sale of postpaid mobile connections
(f) Sale of Top-ups/STVs /PVs
(g) Sales Complaint redressal.
(h) Processing of MNP requests
(i) Bill collection of Landline/Broadband/FTTH/Postpaid Mobile
(j) New Phone bookings and feasibility of and line/Broadband/FTTH/Wings / ASEEM,
Vanity booking.
(k) DND Activation/deactivation.
(l) Handling of bill related queries and complaints.
(m) Receiving and coordinating request for shift, name transfer and closure of
connections.
(n) All commercial and CSC Services which are presently being offered in CSCs
(Including services being provided free of charge) and all commercial and CSC
services which may emerge in future.
All the above activities are to be done for retail as well as bulk/enterprises customers.
Issue of address/Advice note of PRI/BRI and all Circuit booking shall be done in BSNL own
CSCs.
(1) BSNL shall provide covered space without any charges. Existing infrastructure of
CSC shall be handed over on as-is where-is basis.
(2) Since the CSC premises will be utilized exclusively by the bidder, hence electricity bill
for CSC shall have to be paid by bidder as per actual consumption. Sub-meter will be
installed by BSNL Electrical wing and manual bill also to be produced.
(3) The bidder shall be responsible for keeping the area neat and clean and do all
marketing activities like updating of posters/banners/new Tariff chart (provided by
BSNL)etc.
(4) The bidder may be permitted to put additional canopies/other product marketing
tools, in the premises for promotion of BSNL products.
(5) The bidder may be permitted to utilize existing electric equipment’s light, fans, air-
Conditionersetc. if available otherwise they shall bring their own.
Page 10 of 66
(6) The bidder should be responsible for maintaining infrastructure, electric equipment,
furniture and computers and replace the same if required, for proper upkeep of the
CSC.
(7) One high speed BB/FTTH connection may be provided at CSC and connectivity to
BSNL IT systems shall also provide by BSNL on rent fee basis.
(i) The CSCs are to be manned minimum from 8:00 AM to 8:00 PM for all Category-I
And from 9.00 AM to 6.30 PM for all Category-II & III on all days. ExceptNational
Holidays
(ii) Sufficient Man Power should be deployed by the bidder. Proper training and dress
code (Voluntary) for staff manning the counters should be ensured by the bidder.
(iii) Sale of products and services of BSNL should be restricted only within CSCs.
(iv) The bidder will not be allowed to sale any non BSNL products from the CSC.
(v) The bidder will be paid for all sales as per franchise S&D Policy 2018 and related
circulars on bill payments or as modified from time to time.
(vi) The bidder shall be paid Rs 20.00 per Aadhaar demographic / Biometric or both
updation and Rs 50.00 per new Aadhaar generation (successful) or mandatory
biometric update. UIDAI rate GST will be applicable as per UIDAI rate Guidelines. For
Aadhaar related activity operator should be through approved / empanelled agency
by UIDAI. The bidder shall be liable to pay the penalties if any imposed by UIDAI for
wrong Aadhar generation / wrong demographic and biometric updation.
(vii) The bidder will get commission/ facilitation charges as per franchisee policies of
different products/ services. All cash transactions in the CSC shall be done through
the CBP/CTOPUP wallet and no cash transactions shall be done between BSNL and
the bidder for collections done in CSC.
(vii).a The vendor shall take Rs. 50 (Fifty) as cash payment for each Adhaar modification
transaction from customers and deposit Rs 30 (Thirty) per transaction to BSNL. CSC
Nodal In-Charge shall verify all these transaction with Adhaar Login Portal. However
the payment procedure through CBP wallet is being made by ITPC and will be
intimated shortly.
(vii).b BSNL shall take security deposit of various services, as issued time to time and
configured in billing-system, for postpaid customers and accordingly shall be
charged in first bill of the customer.
(vii).c Charges for itemized bill/detailed bill will be charged in the forthcoming bill. However details
may be given to the customers on registered mail-Id against the number. In case
registered Email-Id is not there, same shall be updated first.
(viii) The bidder shall be paid Rs 2/- per transaction for items not defined in franchise S&D
Policy 2018. There will be a capping of 150 % for all noncommercial transactions e.g.
issue of duplicate bills, DND activation / deactivation etc. based on average monthly
volume of last six months, but it will be further restricted to ensure that it is not more
than 10% of total charges/commission earned in a month.
(ix) For CM related sales no FOS will be paid on SIM sale or Recharge sale, which is
Otherwise paid as per franchisee S&D Policy 2018.
(x) All changes in Franchisee S & D policy will be implemented with reference to
commission structure as and when BSNL does so.
2. Penalty
i. The bidder shall be liable to pay any type of penalty imposed by government sector
such as DoT/ TERM Cell etc. with respect to CSC work.
ii. The bidder shall be liable to pay the penalties if any imposed by UIDAI for wrong
Aadhar generation / wrong demographic and biometric Updation etc.
3 Termination of contract due to non-performance (default) [Exit Clause invoked by BSNL]
2.1. Quarterly targets for sale of SIM, recharge, and new connection shall be assigned based
on the average volume of last quarter with an incremental increase up to 10%.
2.2. Failure to meet the targets for two successive quarters shall lead to first notice for
termination of contract.
2.3. On second failure to meet the target for one more quarter, the actual termination of
contract shall be done.
Page 11 of 66
SECTION-4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1. DEFINITIONS
“The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), UP (East) Telecom Circle, Concerned BA /
SSA. "The Bidder" means the Company. Individual or firm who participates in this tender and submits its bid.
"The Supplier" or “The Vendor” or “Service Provider” means the individual or firm awarded the
contract."The Services" means providing Operation and Maintenance of BSNL CSCs under the contract.
"The Advance Work Order" or “Letter of Intent” means the intention of Purchaser to place the Work
Order on the bidder.
"The Work Order" means the order placed by the Purchaser on the Supplier signed by the Purchaser
including all attachments and appendices thereto and all documents incorporated by reference therein. The Work
order shall be deemed as "Contract" appearing in the document.
"Telecom Service Provider" means any Telecom operator in India, who is licensed by the Department of
Telecommunications (DOT), Government of India to provide telecom services to the general public or to the other
DOT licensed Telecom operators. "Telecom Service Provider" also refers to any Telecom operator in other
countries providing telecom services to general public of that country or to other telecom operators of the same
country.
“Successful Bidder (s)” means the bidder(s) to whom work in this tender is awarded.
“SSA” means Secondary Switching Areas defined by BSNL (generally comprising of one or more
revenuedistricts).
“BA” means Business Area comprising of one or more SSA’s
2 ELIGIBILITY CONDITIONS:
2.1 Kindly refer to Clause 3 of Section-1 i.e. detailed NIT.
2.2. Bidder is expected to obtain clearance from Reserve Bank of India, wherever applicable.
2.3. The Bidder must furnish the documentary evidence to meet the eligibility conditions laid
down in general, technical, and financial qualification criteria.
3 COST OF BIDDING
3.1 The bidder shall bear all costs associated with the preparation and submission of the bid.
BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.
4 DOCUMENTS REQUIRED
4.1 The detailed list of services required to be provided by the bidder, bidding procedures and
contract terms and conditions are prescribed in the Bid Documents. The contents of the Bid
documents are specified in the covering letter.
4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid
Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all information
required as per the Bid Documents or submission of the bids not substantially responsive to
the Bid Documents in every respect will be at the bidder's risk and may result in rejection of
the bid.
Page 12 of 66
who have received the bid documents (Format for submission of queries in Excel sheet only)
5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall
form an integral part of bid documents and shall amount to an amendment of the relevant
Clauses of the bid documents.
7.1 In case of consortium bids, only lead bidder will interact with BSNL for all
obligations/payment; however all consortium members will be responsible for the execution
of the project.
7.2 A consortium member may participate in more than one consortium. However the bidder is
not permitted to be a consortium member under another bidder for this project.
7.3 No change in consortium members i.e. addition or dropping of a member shall be permitted
after the submission of the bid.
8 BID FORM
8.1 The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid
Documents, indicating the services to be provided along with the prices as per Section- 9
Page 13 of 66
10 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION -
The Company/ Firm is required to furnish the following documents in the technical proposal:
10.1 Incase of consortium bids, only lead bidder will interact with BSNL for all obligations/payment;
however all consortium members will be responsible for the execution of the project.
10.2 A consortium member may participate in more than one consortium. However the bidder is
not permitted to be a consortium member under another bidder for this project.
10.3 No change in consortium members i.e. addition or dropping of a member shall be permitted after thesubmission
of the bid.
11.2 The documentary evidences of the “services" conformity to the Bid Documents may be, in
theform of literature, drawings, data etc. and the bidder shall furnish:
11.3 A Clause-by-Clause compliance on the Purchaser’s Job Specifications and Commercial
Conditions demonstrating substantial responsiveness to the Job Specifications and Commercial
Conditions. In case of deviations, a statement of the deviations and exception to the provision of
the Job Specifications and Commercial Conditions shall be given by the bidder. A bid without
Clause-by-Clause compliance of the Scope of Work, Section 3, General (Commercial)
Conditions & Special (Commercial) Conditions, General Conditions (Section-5 Part A, B ) shall
not be considered.
Page 14 of 66
c) If a vender registered with body specified by Ministry of Micro, Small & Medium
Enterprise claiming concessional benefits and fails to accept AWO / LoI & submit
required performance security or fails to obey any of the contractual obligations after
being awarded work; he will be debarred from any further work/ contract by BSNL for
one year from the date of issue of such order.
12.3 The bid security is required to protect BSNL against the risk of bidder's conduct, which would
warrant the forfeiture of bid security pursuant to Para 12.7.
12.4 A bid not secured in accordance with Para 12.1 and 12.2 shall be rejected by BSNL being
non-responsive at the bid opening stage and archived unopened on e-tender portal for e-
tenders and returned to the bidder unopened(for manual bidding process)
12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as
possible and within 30 days of finalization of the tender or expiry of the period of the bid
validity period prescribed by BSNL pursuant to Clause 13.
12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the
advance work order satisfactorily in accordance with Clause 27 and furnishing the
performance security, except in case of successful bidder, whose EMBG/EMD shall be
released only after the finalization of ordering of complete tendered quantity/sites in
pursuance to Clause no. 24.4 & 27.3 of this Section.
12.7 The bid security may be forfeited:
a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any
respect during the period of bid validity specified by the bidder in the bid form or extended
subsequently; or
b) If the bidder does not accept the AWO and/ or does not submit PBG & sign the contract/
agreement in accordance with Clause 28.
13.2 In exceptional circumstances, BSNL may request the consent of the bidder for an extension
to the period of bid validity. The request and the response thereto shall be made in writing.
The bid security provided under Clause 12 shall also be suitably extended. The bidder may
refuse the aforesaid request without risk of forfeiture of its bid security. A bidder accepting
the request and granting extension will not be permitted to modify its bid.
Page 15 of 66
14.3 Power of Attorney
a. The power of Attorney should be submitted and executed on the non-judicial
stamppaper of appropriate value as prevailing in the concerned states(s) and the same
be attested by a Notary public or registered before Sub-registrar of the state(s)
concerned.
b. The power of Attorney be executed by a person who has been authorized by the Board of
Directors of the bidder in this regard, on behalf of the Company/ institution/ Body
corporate.
c. In case of the bidder being a firm, the said Power of Attorney should be executed by all
the partner(s) in favor of the said Attorney.
d. In case, authorized signatory of the bid (i.e. PoA holder) is different than the person who
submits the online bids using digital signatures certificate (DSC), then the power of
Attorney should also include the name of this person submitting online bids on e-tender
portal.
15.1.3 In Single stage bidding & two envelopes system the bidder shall submit his bid online in two
electronic envelopes; (Refer Section-4 Part C))
The First envelope will be named as Techno-commercial bid. This envelope will contain
documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per
Clause 2 & 10 with Bid Security as per Clause 12. Second envelope will be named as
Financial bid containing Price Schedules as per Section 9 Part B.
15.2 a) the offline envelope shall be addressed to the purchaser inviting the tender:
AGM (Planning),
O/o GMTD, Bharat Sanchar Nigam Limited,
Main Telephone Exchange Civil lines, Faizabad-224001.
b) The offline envelope shall bear the name of the tender, the tender number and the words
'DO NOT OPEN BEFORE' (due date & time).
c) The inner and outer offline envelopes (in case of manual tendering process) shall indicate
the name and complete postal address of the bidder to enable the purchaser to return
the bid unopened in case it is declared to be received 'late'.
d) Offline envelope should be deposited in the tender box provided by tendering authority or
sent by registered post or delivered in person on above mentioned address (address is
given in Clause 15.2 (a) above). The responsibility for ensuring that the tenders are
delivered in time, would vest with the bidder.
e) Bids delivered in person on the day of tender opening shall be delivered up to specified
time & date as stated in NIT to concerned officer at the venue (address is given in Clause
15.2 (a) above). The purchaser shall not be responsible if the bids are delivered
elsewhere.
Page 16 of 66
f) Venue of Tender Opening: AGM (Planning), O/o GMTD
Bharat Sanchar Nigam Limited ,
Main Telephone Exchange, Civillines, Faizabad-224001.
If due to administrative reasons, the venue of Bid opening is changed, it will be displayed
Prominently on BSNL website, e-tender portal (as the case may be).
15.3 If both the envelopes are not submitted as required at para 15.1 and 15.2, the bid shall be
Rejected.
16.2 The Bid Documents in accordance with Clause 5 in which case all rights and obligations of
BSNL and bidders previously subject to the deadline will thereafter be subjected to the
Extended deadline.
Page 17 of 66
Notice.
(iii) The following information should be read out at the time of Techno-commercial bid
opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(iv) The following information should be read out at the time of Financial bid opening:-
a) Name of the Bidder
b) Name of the item
c) Prices quoted in the bid
d) Discount, if offered
e) Taxes & levies
(Information as per electronic forms shall be populated as comparison chart on e-tender
system and no information shall be read out)
19.5 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the
revised date of schedule will be notified. However, in absence of such notification, the bids
will be opened on next working day, time and venue remaining unaltered.
Page 18 of 66
Constitute a material deviation, provided such waiver doesn't prejudice or affect the relative
ranking of any bidder.
22.2 The bidder should quote a fixed amount to be paid to BSNL, for each category-1 CSCs at the
beginning of the year. The Highest bid among the eligible bidders for each CSC shall be awarded the
work for that CSC. Bidder may choose to bid for any number of CSC offered in the EOI. However,
evaluation shall be done for each CSC separately.
22.3 Deleted.
24.2 The bidder can participate for any number of CSC. However evaluation shall be done for each
CSC separately.
26. BSNL’s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The Purchaser reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning any
reason whatsoever and without thereby incurring any liability to the affected bidder or
bidders on the grounds of purchaser’s action.
26. A The reasons for rejecting the tender or non-issuing the tender Document to the prospective
Bidder/Bidders will be disclosed, if required.
27. ISSUE OF ADVANCE WORK ORDER
27.1. The issue of an Advance Work Order shall constitute the intention of BSNL to enter into
contract with the bidder.
27.2 The bidder shall within 14 days of issue of the advance work order, give its acceptance along
with performance security in conformity with the proforma provided with the bid document at
Section-7B.
27.3 In the event of withdrawal of AWO/ LoI, subsequent claim of bidder for placement of Work
Order / signing of contract, shall not be entertained by this office.
Page 19 of 66
28. SIGNING OF CONTRACT
28.1 The issue of Work Order (WO) shall constitute the award of contract on the bidder.
28.2 Upon the successful bidder furnishing performance security pursuant to Clause 27 of this
Section, the Purchaser shall discharge the bid security in pursuant to Clause 12 of this
Section, except in case of successful bidder, whose EMBG / EMD shall be released only
after finalization of ordering of complete tendered quantity in pursuance to Clause nos. 24 &
27 of this Section.
31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the
provisions mentioned in Clause 31.1(a), 31.1(b) of Section-4 PartA, the bidder company is
given opportunity to explain their position, however if the person representing the company is
not satisfied with the decision of the Bid opening team, he/they can submit the
representation to the Bid opening team immediately but in no case after closing of the tender
process with full justification quoting specifically the violation of tender condition if any.
31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender
opening even if it is liable for rejection and will preserve the bids in sealed cover as
submitted by taking the signatures of some of the desirous representatives of the
participating bidder/companies present on the occasion.
31.4 The in-charge of Bid opening team will mention the number of bids with the name of the
company found unsuitable for further processing on the date of tender opening and
number of representations received in Bid opening Minutes and if Bid opening team
Page 20 of 66
is satisfied with the argument of the bidder/company mentioned in their
representation and feel that there is prima-facie fact for consideration, the in-charge
of the bid opening team will submit the case for review to Officer competent to
approve the tender as early as possible preferably on next working day and
decision to this effect should be communicated to the bidder company within a
week positively. Bids found liable for rejection and kept preserved on the date of
tender opening will be returned to the bidders after issue of work order against the
instant tender.
31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be
done by giving three (working) days’ notice to all the participating bidders to give
opportunity to participants desirous to be present on the occasion.
Page 21 of 66
Note for Tender opening Committee:
At the time of tender opening, the TOC will check/ verify that the documents
conforming to eligibility part are submitted by the participant bidder duly
authenticated by the authorized signatory to obviate any possibility of doubt and
dispute and maintain veracity of the documents / papers/ certificates.
• The documents/ papers to be submitted in respective bid part have been
explicitly stated in Clause-7 of Section-4 Part A.
• This opened bid part which is already signed by the authorized representative of
the bidder company during bid submission will be signed by the tender opening
committee on hard copy and preserve it along with the bids received online in
case of e-tendering.
• These papers will be treated as authentic one, in case of any dispute.
A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective
Vendor.
a) Bank Instruments with the bid to meet ii) Banning of business for 3 years which
terms & condition of tender in respect of implies barring further dealing with the vendor
tender fee and/ or EMD; for procurement of Goods & Services
including participation in future tenders invited
b) Certificate for claiming exemption in by BSNL for 3 years from date of issue of
respect of tender fee and/ or EMD; banning order.
iii) Termination/ Short Closure of PO/WO, if
and detection of default at any stage issued. This implies non-acceptance of further
from receipt of bids till award of APO/ supplies / work & services except to make the
issue of PO/WO. already received material work/ complete
work in hand.
Note 1:- However, in this case the performance guarantee if alright will not be forfeited.
Note 2:- Payment for already received supplies/ completed work shall be made as per
terms & conditions of PO/ WO.
Note 4:- No further supplies are to be accepted except that required to make the already
supplied items work.
Page 23 of 66
2 If vendor or his representative uses
violent/ coercive means viz. Physical /
Verbal means to threatens BSNL
Executive / employees and/ or obstruct
him from functioning in discharge of his
duties & responsibilities for the following
: Banning of business for 3 years which implies
Barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL
a) Obstructing functioning of tender for 3 years from date of issue of banning
opening executives of BSNL in receipt/ order.
opening of tender bids from prospective
Bidders, suppliers/ Contractors.
4.2 Failure to supply and/ or Commission i) Short Closure of PO/ WO to the quantity
the equipment and /or execution of the already received by and/ or commissioned in
Work in full even in extended delivery BSNL and/ or in pipeline provided the same is
schedules, if granted against PO/ WO. usable and/or the Vendor promises to make it
usable.
ii) Under take purchase/ work for balance
quantity at the risk & cost of defaulting vendor.
iii) Recover the excess charges if incurred
from the PG/ SD and outstanding bills of the
defaulting Vendor.
Page 24 of 66
5.1 The supplied equipment does not i) If the material is not at all acceptable, then
perform satisfactory in the field in return the non-acceptable material (or its part)
accordance with the specifications & recover its cost, if paid, from the o/s bills/
mentioned in the PO/ WO/Contract. PG/ SD.
OR
ii) If the material is inducted in network & it is
not possible to return it and/ or material is
acceptable with degraded performance, the
purchaser may determine the price for
degraded equipment (Financial penalty =
Price – price determined for degraded
equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.
Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by
BSNL or not.
Page 25 of 66
a) Adversely affects the normal working by BSNL for 3 years from date of issue of
of BSNL equipment(s) and/ or any banning order.
other TSP through BSNL. iii) Recovery of any loss incurred on this
account from the Vendor from its PG/ SD/ O/s
bills etc.
8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the PO/ WO.
insolvent or its financial position has ii) Settle bills for the quantity received in
become unsound and in case of a correct quantity and quality if pending items
limited company, if it is wound up or it is do not affect working or use of supplied items.
liquidated. iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable without any
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part).
v) In case of turnkey projects, if the material
is inducted in network & it is not possible to
return it and/ or material is acceptable with
degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined
for degraded equipment) himself and/ or
through a committee.
Page 26 of 66
S. No. Defaults of the bidder / vendor. Action to be taken
A B C
8 con-
Undertake recovery of financial penalty from
td.
outstanding dues of vendor including PG/ SD.
9 In the event of the vendor, its proprietor, i) Termination/ Short Closure of the PO/ WO.
Director(s), partner(s) is / are convicted ii) Settle bills for the material received in
by a Court of Law following prosecution correct quantity and quality if pending items
for offences involving moral turpitude in do not affect working or use of supplied items.
relation to the business dealings. iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable without any
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part).
v) In case of turnkey projects, If the material
is inducted in network & it is not possible to
return it and/ or material is acceptable with
degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined
for degraded equipment) himself and/ or
through a committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.
10 If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to
return BSNL’s dues: adjudicate the dispute.
Page 27 of 66
12 The following cases may also be
considered for Banning of business:
Note 7: The above penalties will be imposed provided it does not clash with the provision of the
respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the
respective tender shall prevail over these guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/
AMC / CAMC which will continue along with settlement of Bills.
Page 28 of 66
SECTION-4 Part B
The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in
case of any conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO
BIDDERS (GIB), the provisions herein shall prevail.
1. Evaluation
1.1. The evaluation process comprises the following three (3) steps:
Step I: Fulfillment of requirements of Eligibility criteria, EMD and tender fee.
Step II: Evaluation of Bidder’s fulfillment of Qualification Requirements as per Clause 4
Section 1 DNIT
Step III: Selection of Successful Bidder
Page 29 of 66
Section- 4 Part C
E-tendering Instructions to Bidders
General:
The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in this Tender Document.
Submission of Online Bids is mandatory for this Tender.
E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner.
Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic
tendering, BSNL U.P.(East) Circle has decided to use the Portal (https://www.etenders.gov.in) through Central Public
Procurement Portal, Government of India. Benefits to Suppliers are outlined on the Home-page of the portal.
3. Digital Certificates:
For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act
2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature
Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of
Certifying Authorities (CCA) [refer http://www.cca.gov.in].
4. Registration:
To use the Electronic Tender portal https://www.etenders.gov.in, Vendorneed to register on the portal( if not
registered earlier). Registration of each organization is to be done by one of its senior persons who will be the
main person coordinating for the e-tendering activities. In procurement terminology, this person will be referred
to as the Super User (SU) of that organization. For further details, please visit the website/portal
https://www.etenders.gov.in(on the Home Page), and follow further instructions as given on the site.
Note: Please contact (as given below), to get your registration accepted/activated
Page 30 of 66
BSNL’s Contact …………………………………………….
…………………………
Person Telephone/ [between 10:30 hrs to 17:00 hrs on working days]
Mobile E-mail ID …………………………..
NOTE: Bidder must ensure that after following above the status of bid submission must become-“Complete
The bidder is requested to submit the following documents offline to A.G.M. (Planning), O/oGMTD
Faizabad BA ,BSNL, Main Telephone Exchange Civil lines Faizabad-224001 on or before the date & time
of submission of bids specified in Section-I of this tender document, in a Sealed Envelope. The envelope
shall bear (name of the work), the tender number and the words 'DO NOT OPEN BEFORE' (due date &
time).
1. EMD - Bid Security in original.
2. DD/Banker’s cheque drawn in favor of “Accounts officer (Claim), BSNL, Main Telephone
Exchange, (SSA/BA)”, payable at Faizabad against payment of tender fee.
As part of the Electronic Encrypted™ functionality, the contents of both the 'Electronic Forms' and the
'Main-Bid' are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a 'password', a
Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love this World). A Pass-
Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be
created for each Bid-Part. This method of bid-encryption does not have the security and data- integrity
related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified
officer of a Buyer organization for bid-encryption. Bid- encryption in e-procurement portal of UP (East)
Circle is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE),
even if there is connivance between the concerned tender opening officers of the Buyer organization and
the personnel of e-tendering service provider.
Typically, 'Pass-Phrase' of the Bid-Part to be opened during a particular Public Online Tender Opening
Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned
Tender Opening Officers who will open the bid. Else Tender Opening Officer may authorize the bidder to
open his bid himself.
There is an additional protection with SSL Encryption during transit from the client-end computer of a
Supplier organization to the e-tendering server/ portal.
Page 31 of 66
8. Public Online Tender Opening Event (TOE)
E-procurement portal of UP (East) Circle offers a unique facility for 'Public Online Tender Opening Event
(TOE)'. Tender Opening Officers as well as authorized representatives of bidders can attend the Public
Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of
bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless
Connectivity to Internet.
Every legal requirement for a transparent and secure 'Public Online Tender Opening Event (TOE)' has been
implemented on e-procurement portal of UP (East) Circle. As soon as a Bid is decrypted with the
corresponding 'Pass-Phrase' as submitted online by the bidder himself (during the TOE itself), salient points
of the Bids are simultaneously made available for downloading by all participating bidders. The work of
taking notes during a manual 'Tender Opening Event' is therefore replaced with this superior and
convenient form of 'Public Online Tender Opening Event (TOE)'.
E-procurement portal of UP (East) Circle has a unique facility of 'Online Comparison Chart' which is
dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by
the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the
Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances
Transparency. Detailed instructions are given on relevant screens.
E-procurement portal of UP (East) Circle has a unique facility of a detailed report titled 'Minutes of Online
Tender Opening Event (TOE)' covering all important activities of 'Online Tender Opening Event (TOE)'.
This is available to all participating bidders for 'Viewing/ Downloading'.
There are many more facilities and features on e-procurement portal of UP (East) Circle For a particular
Tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.
NOTE: In case of internet related problem at a bidder's end, especially during 'critical events' such as - a shortperiod
before bid-submission deadline, during online public tender opening event, during e-auction, it is the
bidder's responsibility to have backup internet connections. In case there is a problem at the e-procurement/
e-auction service- provider's end (in the server, leased line, etc) due to which all the bidders face a problem
during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will
promptly re-schedule the affected event(s).
E-Reverse Auction would be conducted on Unit/ total package/ net cost to BSNL value for bid evaluation,
subsequently after the opening of the Financial-Part.
The following would be parameters for e-Reverse Auction:
S. Parameter Value No.
Page 32 of 66
Note:Parameters at S. No. 5 & 6 shall be confirmed after opening & evaluation of Financial bid parts.
10 Other Instructions
For further instructions, the vendor should visit the home-page of the portal http://UP (East)
bsnl.abcprocure.comand go to the User-Guidance Center.
The help information provided through ' e-procurement portal of UP (East) Circle User-Guidance Center' is
available in three categories - Users intending to Register / First-Time Users, Logged-in users of Buyer
organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the
three categories.
Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly
peruse the information provided under the relevant links, and take appropriate action. This will prevent
hiccups, and minimize teething problems during the use of e-procurement portal of UP (East) Circle. The
following 'FOUR KEY INSTRUCTIONS for BIDDERS' must be assiduously adhered to:
1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender
submission deadline on e-procurement portal of UP (East) Circle.
2. Register your organization on e-procurement portal of UP (East) Circle well in advance of your first
tender submission deadline on e-procurement portal of UP (East) Circle.
3. Get your organization's concerned executives trained on e-procurement portal of UP (East) Circle
well in advance of your first tender submission deadline on e-procurement portal of UP (East)
Circle.
4. Submit your bids well in advance of tender submission deadline on e-procurement portal of UP
(East)Circle as there could be last minute problems due to internet timeout, breakdown, etc.
While the first three instructions mentioned above are especially relevant to first-time users of e-
procurement portal of UP (East) Circle, the fourth instruction is relevant at all times.
For participation in e-tender of BSNL UP (East) Circle, all vendors including MSME
have to pay Per event (e-tender or e-reverse auction) participation charges ……as
Applicable with GST@........ ……….to M/s ………………………….,UP East Circle.
This per event (e-tender or e-reverse auction) participation charges cover help for
participation on e-tender portal, online training.
For more information vendors are requested to contact M/s …………………………..,
……………….(SSA/BA).
Page 33 of 66
SECTION-5 Part A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1. APPLICATION
The general condition shall apply in contracts made by the purchaser for the
procurement of goods/ services.
1. DELETED
3. PATENT RIGHTS
The supplier shall indemnify the purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of
the goods or any part thereof in Indian Telecom Network.
4. PERFORMANCE SECURITY
4.1(a) All suppliers (including MSEs who are registered with the designated MSMEbodies,
like National Small Scale Industries Corporation etc. shall furnish performance
security .The successful bidder shall have to pay Performance Bank Guarantee
(PBG) with minimum amount of Rs. 3.5 lakhs for category-I(per CSC), Rs.2.5
Lakhs for category-II (per CSC) and Rs.1 lakh for category-III (per CSC)(based on)
5% of monthly revenue of last six months.
4.1(b) Performance guarantee shall be initially valid for one year. For extension of contract further
for second year, PBG shall have to be renewed accordingly.
4.1(c) The bidder shall ensure that performance bank guarantee (PBG) is sent to the BSNL
directly by the issuing bank under Registered Post (A.D). In exceptional
circumstances where the PBG is submitted by the bidder to the BSNL, the bidder
shall ensure that an unstamped duplicate copy of the PBG is sent immediately by
the bank direct to the purchaser by Registered Post (A.D).
4.1(d) Existing franchisee exempted from additional PBG (over & above bid security which
will be converted to PBG), provided the existing PBG taken under S&D policy is
higher than the required PBG as per CSC policy and C-top up balance is not
issued against cheque (against PBG of S&D Policy).
4.2 The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the supplier's failure to complete its
obligations under the contract.
4.3 The performance security Bond shall be in the form of either FD/DD in favor of
AO (Claim), O/o GMTD, BSNL, Main Telephone Exchange civil lines ,Faizabad-
224001 or in form of Bank Guarantee issued by a scheduled Bank in India and in
the proforma provided in 'Section-7B of this Bid Document.
4.4 The performance security Bond will be discharged by the Purchaser after
completion of the supplier's performance obligations including any warranty
obligations under the contract.
4.5 The performance security deposit with the BSNL will be considered for
adjustment against penalties, any other statutory levies and any loss to BSNL
properties, if any reported, at the time of final conclusion of the contract and final
settlement of account.
4.6 In case it is found that a bidder has submitted a fake/ forged bank instrument
towards performance security deposit (say PBG), then, actions as per clause 1
(a) of Appendix -1 to Section 4 Part-A shall be applicable.
Page 34 of 66
5. DELETED
6. DELETED
7. DELETED
8. DELETED
9. DELETED
10. DELETED
11. PAYMENT TERMS- Refer Section-2
12. DELETED
13. DELETED
14. DELETED
15. DELAYS IN THE SUPPLIER'S PERFORMANCE- Refer Section-2.
16. PENALTY-- Refer Section-2.
17. FORCE MAJEURE
17.1 If, at any time, during the continuance of this contract, the performance in whole
or in part by either party of any obligation under this contract is prevented or
delayed by reasons of any war or hostility, acts of the public enemy, civil
commotion, sabotage, fires, floods, explosions, epidemics, quarantine
restrictions, strikes, lockouts or act of God (hereinafter referred to as events)
provided notice of happenings of any such eventuality is given by either party to
the other within 21 days from the date of occurrence thereof, neither party shall
by reason of such event be entitled to terminate this contract nor shall either party
have any claim for damages against other in respect of such non-performance or
delay in performance, and deliveries under the contract shall be resumed as soon
as practicable after such an event come to an end or cease to exist, and the
decision of the Purchaser as to whether the deliveries have been so resumed or
not shall be final and conclusive. Further that if the performance in whole or part
of any obligation under this contract is prevented or delayed by reasons of any
such event for a period exceeding 60 days, either party may, at its option,
terminate the contract.
17.2 Provided, also that if the contract is terminated under this clause, the Purchaser
shall be at liberty to take over from the Supplier at a price to be fixed by the
purchaser, which shall be final, all unused, undamaged and acceptable materials,
bought out components and stores in course of manufacture which may be in
possession of the Supplier at the time of such termination or such portion thereof
as the purchaser may deem fit, except such materials, bought out components
and stores as the Supplier may with the concurrence of the purchaser elect to
retain.
Page 35 of 66
18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF
DEFAULT.
18.1 In case of default by Bidder(s)/ Vendor(s) such as
(a) Failure to deliver services within the time period(s) specified in the
contract, or any extension thereof granted by the purchaser pursuant to
clause15 of this section;
(b) Failure to perform any other obligation(s) under the Contract; and
(c) Equipment does not perform satisfactory in the field in accordance with the
specifications;
(d) Or any other default whose complete list is enclosed in Appendix-1 of
Section-4, Part-A;
Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.
19. DELETED.
20. ARBITRATION
20.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference,
question or disagreement arises between the parties hereto or their respective
representatives or assignees, in connection with construction, meaning,
operation, effect, interpretation of the contract or breach there of which parties
unable to settle mutually, the same shall be referred to Arbitration as provided
here under.
20.2 A part wishing to commence arbitration proceeding shall invoke Arbitration clause
by giving 60 days notice to the designated officer of the other party. The notice
invoking arbitration shall specify all the points of disputes with details of the
amount claimed to be referred to arbitration at the time of invocation of arbitration
and not thereafter, If the claim is in foreign currency, the claimant shall indicate its
value in Indian Rupee for the purpose of constitution of the arbitral tribunal.
20.3 The number of the arbitrators and the appointing authority will be as under :
Page 36 of 66
Concerned party / arbitrators to appoint another person in his place in the same
manner as aforesaid. Such person shall proceed with the reference from the
stage where his predecessor had left it both parties consent for the same;
otherwise he shall proceed de novo.
20.6 Parties agree that neither party shall be entitled for any pre-reference or
pendent elite interest on its claims. Parties agree that any claim for such
interest made by any party shall be avoid
20.7 Unless otherwise decided by the parties, Fast Track procedure as prescribed
in Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all
disputes shall be followed, where the claim amount is up to Rs. 5 Crores.
(a) The arbitral tribunal shall decide the dispute on the basis of written
pleadings, documents and submissions field by the parties without oral
hearing;
(b) The arbitral tribunal shall have power to call for any further information or
clarification from the parties in addition to the pleadings and documents
filed by them;
(c) An oral hearing may be held only, if all the parties make a request or if the
arbitral tribunal considers it necessary to have oral hearing for clarifying
certain issues;
(d) The arbitral tribunal may dispense with any technical formalities, if an oral
hearing is held, and adopt such procedure as deemed appropriate for
expeditious disposal of the case.
20.8.4 The award under this section shall be made within a period of six months from
the date the arbitral tribunal enters upon the reference.
20.8.5 If the award is not made within the period specified in sub-section (4), the
provisions of sub-Sections (3) To (9) of section 29 A shall apply to the
proceedings.
20.8.6 The fees payable to the arbitrator and the manner of payment of the fees shall
be such as may be agreed between the arbitrator and the parties.
20.8.7 The arbitral tribunal shall make and publish the award within time stipulated as
under:
Page 37 of 66
However, the above time limit can be extended by the Arbitrator for reasons to
be recorded in writing with the consent of parties and in terms of provisions of
the Act.
20.8.8 In case arbitral tribunal of 3 arbitrators, each party shall be responsible to make
arrangements for the travel and stay, etc. of the arbitrator appointed by it.
Claimant shall also be responsible for making arrangements for travel / stay
arrangements for the Presiding Arbitrator and the expenses incurred shall be
shared equally by the parties.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his
travel / stay and the expenses incurred shall be shared equally by the parties.
20.8.9 The Arbitration proceeding shall be held at New Delhi or Circle or SSA
Headquarter (as the case may be).
22. DELETED
23. DELETED
24. DELETED
25. COURT JURISDICTION
25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of
APO shall be subject to the jurisdiction of the competent court at the place from
where the NIT/ tender has been issued.
25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of
the Contract/ PO entered with him shall be subject to the jurisdiction of the
competent Court at the place from where Contract/ PO has been issued.
Accordingly, a stipulation shall be made in the contract as under.
“This Contract/ PO is subject to jurisdiction of Court at Faizabad only”.
*****
Page 38 of 66
SECTION –5 Part B
***********
Page 39 of 66
SECTION-6
6(A) - For understanding and agreeing with the terms & condition of Tender & Spec. of work
a) Certified that:
2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/
Performance linked Security Deposit/ PBG deposited by us will stand forfeited to the
BSNL.
1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed
along with the Tender/Bid offer are correct.
2. In case of any correction/ addition/ alteration/ omission of the terms & conditions in the
tender document, our tender / bid shall be treated as non-responsive and shall be
rejected summarily.
3. If anything is found false and/or incorrect and/or reveals any suppression of fact at any
time, BSNL reserves the right to debar our tender offer/ cancel the LOI/ Purchase/ work
order if issued and forfeit the EMD/ Performance linked Security Deposit/ PBG / Bill
amount pending with BSNL. In addition, BSNL may debar the contractor from participation
in its future tenders.
Page 40 of 66
6 (B) – NEAR RELATIONSHIP CERTIFICATE:
(Format of the Certificate to be given as per the Clause 34.4 of Section-4 Part-A
by the bidder in respect of status of employment of his/ her near relation in BSNL)
The format of the certificate to be given is "I ..s/o . r/o .hereby certify
That none of my relative(s) as defined in the tender document is/are employed in BSNL
unitwhere tender is being submitted as per details given in tender document. In case at
anystage, it is found that the information given by me is false/ incorrect, BSNL shall have the
absolute right to take any action as deemed fit/without any prior intimation to me."
Witnesses
Signature
Name & Address
OR
If the bidder has near relatives in the BSNL Unit where tender is being submitted, then
they shall submit following details of those officers:
Page 41 of 66
SECTION- 7
PROFORMAS
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee
without any demur, merely on a demand from the BSNL stating that the amount claimed is due
by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason
of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or
by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee where the decision of the BSNL in these counts shall be final and binding on the
bank. However, our liability under this guarantee shall be restricted to an amount not exceeding
the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or
disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating
thereto our liability under this present being absolute and unequivocal. The Payment so made
by us under this bond shall be valid discharge of our liability for payment there under and the
bidder(s) shall have no claim against us for making such payment.
4. We the Bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said agreement and that
it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that
the terms and conditions of the said Agreement have been fully and properly carried out by the
said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this
guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we
shall be discharged from all liability under this guarantee thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the said
Page 42 of 66
bidder(s) from time to time or to postpone for any time or from time to time any of the powers
exercisable by the BSNL against the said bidder(s) and to forbear or enforce any of the terms
and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Bidder(s) or for any
forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said
bidder(s) or by any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have effect of so relieving us.
(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will
remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or
before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Claim) BSNL OOO..” payable at OOOOO...
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank
have authority to give this guarantee under its delegated power.
Place: OOOOOOOOOOO
Page 43 of 66
7(B) For the Performance Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Dated:OOOOO..
Sub: Performance guarantee.
Whereas OOOOOOOOOOO.. OOOOOOO..(hereafter referred to as BSNL) has
issued an AWO no. OOOO..OOO. Dated OO/OO/20O.. awarding the work of
OOOOO OO O OOOOOOOOOOOOO.. to M/s
OOOOOOO..OOOOOOOOOOO R/o
OOOOOOOOOOOOOOOOOOOOOOOOO (hereafter referred to as “Bidder”) and
BSNL has asked him to submit a performance guarantee in favour of
OOOOOOOOOOOOOOof Rs. OOOO..OO/- (hereafter referred to as “P.G. Amount”)
valid up to OO/OO/20OOO(hereafter referred to as “Validity Date”)
2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL,
the Bidder has in any way failed to observe or perform the terms and conditions of the said
agreement or has committed any breach of its obligations there-under, the Bank shall on
demand and without any objection or demur pay to the BSNL the said sum limited to P.G.
Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse
to any legal remedy that may be available to it to compel the Bank to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to
BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not
be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or
has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is
pending between Bidder and BSNL regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the date of its issue
and shall remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the
Bank and without affecting in any way the obligations hereunder to vary any of the terms and
conditions of the said agreement or to extend the time for performance of the said agreement
from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any
of the terms and conditions relating to the said agreement and the Bank shall not be relieved
from its liability by reason of such failure or extension being granted to Bidder or through any
forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any
other matter or thing whatsoever which under the law relating to sureties would but for this
provision have the effect of relieving or discharging the guarantor.
Page 44 of 66
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or
before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Claim) BSNL OOOOOO.” payable at
OOOOO.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank
have authority to give this guarantee under its delegated power.
Place: OOOOOOOOOOO
Page 45 of 66
7 (C) For Letter of Authorization for attending Bid Opening Event.
(To be typed preferably on letter head of the company)
I/ We Mr. /Ms. OOOOOOOOOOOOOO.. have submitted our bid for the tender no.
OOOOOOOOOO.OOO in respect of OOOOOOOO
OOOOOOOOOOOOOOOOOOOOOO.. (Item of work) which is due to open on
OOOOOOO. (date) in the Meeting Room, O/o
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
OOOOOOOOOOOOOO.
Signature of the Representative
OOOOOOOOOOOOO Signature of Bidder/ Officer authorized to sign
on behalf of the Bidder
Name of the Representative
OOOOOOOOOOOOOO.
Note 1: Only one representative will be permitted to attend the Bid opening
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not received.
Page 46 of 66
SECTION- 8
Bidder’s profile & Questionnaire.
Tenderer / Bidder’s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual/ Firm: OOOOOOOOOOOOOOOOOO
2. Present Correspondence Address OOOOOOOOOO..OOOOOO
OOOO..OOOOOOOOOOOOOOOOOOOOOOOOOOOO.
Telephone No. OOOOOOOOOOO.. Mobile No. OOOOOOOOO... FAX No.
OOOOOOOOOOOOOOOOOOOOOOOOOOOO
3. Registered Office OOO.OOOOO.OOOOOOOOOOOOOOOOOO.
OOOOOOO
OOOOOOO.OOOOOOOOOOOOOOOOOOOOOOOOOOO
Telephone No. ..OOOOOOOOO.. Mobile No. OOOOOOOOOOO
4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct
choice): Private limited company.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:
S. No. Name Father’s Name Designation
1.
2.
3.
4.
5.
6. Name of the person authorized to enter into and execute contract/ agreement and the
capacity in which he is authorized (in case of partnership/ private Ltd company):
Name : _________________________________________________________________
Designation : ____________________________________________________________
Phone No. : __________________________ Mobile No. :_________________________
Email Id : _______________________________________________________________
Address : _______________________________________________________________
_______________________________________________________________________
Page 47 of 66
8. Details of the Bidder’s Bank for effecting e-payments:
(a) Beneficiary Bank Name:OOOOOOOOOOOO
(b) Beneficiary branch Name:OOOOOOOOOOO.
(c) IFSC code of beneficiary BranchOOOOOOOO..
(d) Beneficiary account No.:OOOOOOOOOOOO.
(e) Branch Serial No. (MICR No.):OOOOOOOOO...
9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so
state its Address
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OOOOOOOOOOOOOOOOOOOOOOOOO
B) Questionnaire
1. Do you think any other detail/ material is required to complete the work specified in the
Specification? Yes/ No.
1.1 If Yes, Give details
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
2. Do you think any other item of work need be included in tender form to complete the work
specified in the specification? Yes/ No.
2.1 If Yes, Give details
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
3. Suggestion for improvement of the tender document.
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
PlaceOOOOOOO.
Signature of contractor OOOOOOOOO
Date OOOOOOO. Name of Contractor OOOOOOOOOOO
Page 48 of 66
SECTION-9 Part-A
BID FORM
To From,
NNNNNNNNNNNNNNNN. NNNNNNNNNNNNNNN.
<complete address of the purchaser> <complete address of the Bidder>
NNNNNNNNNNNNNNNN. NNNNNNNNNNNNNNNN
NNNNNNNNNNNNNNN NNNNNNNNNNNNNNNN
Bidder’s Reference No:NNNNN....NNNNNNN NDatedOOOOOOOO.
1. Having examined the above mentioned tender enquiry document including amendment/
Clarification /corrigenda / addenda Nos. ...................... dated OOOOO.. OOOOOthe
receipt
of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver
.............................................. in conformity with the said drawings, conditions of contract and
specifications for the sum shown in the schedule of prices attached herewith and made part of
the financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration
and replacement.
3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening or for
subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up
to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled
Bank as per clause 4 of Section 5 Part A.
6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the
services specified in the contract in accordance with the delivery schedule specified in the
Section-2 (Tender Information).
7. Until a formal Purchase/ Work Order of Contract is prepared and executed, this Bid together
with your written acceptance thereof in your notification of award shall constitute a binding
contract between us.
Page 49 of 66
SECTION 9 PART-B
Financial Schedule :
Note: (i) The bidder should quote a fixed amount to be paid to BSNL, for each CSCs at the
beginning of the year.
(ii) The Highest bid among the eligible bidders for each CSC shall be awarded the work
for that CSC. Bidder may choose to bid for any number of CSC offered in the EOI.
However, evaluation shall be done for each CSC separately.
(iii) BA Heads are authorized to decide the minimum benchmark of negative royalty for
each category of CSCs in their BA/SSA (Clause 5.2 of Policy guidelines)
Page 50 of 66
ANNEXURE-I
relation to feasibility and possibility of business collaborations between the parties within various
areas including without limitation
(i)OOOOO(ii)OOOOOO(iii)OOOOOOO. and information listed in Bid document for Customer
Service Centre attached hereto and stated herein above or all information of disclosing party as in its
possession under obligations of confidentiality in whatever form transmitted relating to business plan,
operations and/or the proposed sale, purchase & use of telecommunications services which is
disclosed by the disclosing party or its affiliates/ related Company to receiving party and other
information which the disclosing party identifies in writing or otherwise as confidential before or within
thirty days after disclosure to the receiving party. Confidential Information means Information consists
of certain specifications, designs, plans, systems, technology, manufacturing process, drawings,
software, prototypes and/or technical information and all information & knowledge regardless of form
of storage relating to or developed in connection with Business purpose and for any businesses,
prices, products, markets, promotions, strategies, plans, customers, suppliers or employees of
disclosing party or related Company or intellectual property owned or used by disclosing party or a
related Company or licensed to the disclosing party or related Company and all copies and derivatives
containing such information, that may be disclosed to other another for and during the business
purpose, which a party considers confidential Information.
Confidential Information may be in any form or medium, tangible or intangible, and may be
communicated / disclosed in writing, orally, or through visual observation or learnt or accessed by or
by any other means to receiving party by the disclosing party. Information shall be subject to this
Agreement, if it is in tangible form, only if clearly marked as proprietary as confidential, when
disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be
announced, and it must be reduced to writing and furnished to the receiving party within thirty (30)
days of the initial disclosure. The term ‘affiliate’ shall mean any person or entity controlled by or under
common control with a party. The related company in relation to a party means:
(a) that party’s subsidiaries, holding companies and any other subsidiaries of that party’s
holding companies;
Page 51 of 66
(b) a company or joint venture in which a party has an equity interest, and which is or
may be involved in providing a telecommunications or internet access service; and
a. The receiving party shall use information only for the business purpose and for the purpose of
evaluating and negotiating such potential arrangements shall hold information in confidence using the
same degree of care as it normally exercises to protect its own proprietary information, but not less
than reasonable care, taking into account the nature of the information, and shall grant access to
information only to its employees who have a need to know, but only to the extent necessary to carry
out the business purpose of this project as defined in Customer Service Centre Bid document, shall
cause its employees to comply with the provisions of this Agreement applicable to the receiving party,
shall reproduce information only to the extent essential to fulfilling the purpose, and shall prevent
disclosure of information to third parties take all action reasonably necessary to maintain the
confidentiality of the other party confidentiality in branch, secure the other party’s confidentiality in
practice against theft, loss or unauthorized disclosure. The receiving party may, however, disclose
the information to its consultants and contractors, related company with a need to know; provided that
by doing so, the receiving party agrees to bind those consultants and contractors/ related company to
terms at least as restrictive as those stated herein, advise them of their obligations, and indemnify the
disclosing party for any breach of those obligations.
b. Upon the disclosing party’s request, and or at the time documents and other materials are no
longer required in connection with business purpose, the receiving party shall either return to the
disclosing party all information or shall certify to the disclosing party that all media containing
information have been destroyed. Provided, however, that an archival copy of the information may be
retained in the files of the receiving party’s counsel, solely for the purpose of proving the contents of
the information.
c. That the receiving party take reasonable steps to enforce the confidentiality obligations
imposed or required to be imposed by this agreement, including diligent by prosecuting at its own
cost, any breach or threatened breach of such confidentiality obligations by a person to whom it has
disclosed confidential information of the other party
d. Neither party shall make any public announcement or press release the fact that the
discussion is taking place between the parties or existence or content of this Agreement.
3. The foregoing restrictions on each party’s use or disclosure of information shall not apply to
information that the receiving party can demonstrate:
a. was independently developed by or for the receiving party/ or its affiliated or related
company without reference to the information or was received without restrictions; or
c. was in the receiving party’s possession without restriction or was known by the
receiving party without restriction at the time of disclosure; or
f. was in its possession or known to it by being in its use or being recorded in its files or
computers or other recording media prior to receipt from the disclosing party and was
not previously acquired by the receiving party from the disclosing party under an
obligation of confidence’ or
Page 52 of 66
g. The receiving party obtains or was available from a source other than the disclosing
party without breach by the receiving party or such source of any obligation of
confidentiality or non-use towards the disclosing party.
The party seeking the benefit of above exceptions shall bear the burden of proving its
existence.
4. Each party agrees not to remove any of the other party’s confidential information from the
premises of the disclosing party without the disclosing party’s prior written approval. Each party
agrees to exercise extreme care in protecting the confidentiality of any confidential information which
is removed, only with the disclosing party’s prior written approval, from the disclosing party’s
premises. Each party agrees to comply with all terms & conditions the disclosing party may impose
upon any such approved removal, such as conditions that the removed confidential information and
all copies must be returned by a certain date, and that no copies are to be made off of the premises.
5. Each party, as a receiving party acknowledges that neither the disclosing party nor any of its
representatives has made nor makes any representations or warranty, express, or implied as
accuracy or completeness of the confidential information of the disclosing party and arises that it must
make its own assessment of the confidential information.
6. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing
party all tangible items containing or consisting of the disclosing party’s Confidential Information all
copies thereof.
7. Each party recognizes and agrees that all of the disclosing party’s confidential information is
owned solely by the disclosing party (or its licensors) affiliated/ related company and that the
unauthorized disclosure or use of such confidential information would cause irreparable harm and
significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that
the disclosing party will have the right to obtain or seek specific performance or an immediate
injunction enjoining any breach or threatened breach of this Agreement, as well as the right to pursue
any and all other rights and remedies available at law or in equity for such a breach.
8. Access to information hereunder shall not preclude an individual who has seen such
information for the purposes of this Agreement from working on future projects for the receiving party /
affiliated / related company which relate to similar subject matters, provided that such individual does
not make reference to the information and does not copy the substance of the information during the
confidentiality period. Furthermore, nothing contained herein shall be construed as imposing any
restriction on the receiving party’s / its affiliated / related company’s disclosure or use of any general
learning, skills or know-how developed by the receiving party’s personnel under this Agreement, if
such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not
constituting a disclosure or use of the information.
9. As between the parties, all information shall remain the property of the disclosing party. By
disclosing information or executing this agreement, the disclosing party does not grant any license,
explicitly or implicitly, under any trademark, patent, copyright, mask work protection right, trade secret
or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS ALL WARRANTIES
REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH RESPECT TO
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE
ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure
of information pursuant to this agreement does not constitute or imply any commitment, promise, or
inducement by either party or its affiliated/ related companies to make any purchase or sale, or to
enter into any additional agreement of any kind.
10. Either party’s failure to enforce any provision, right or remedy under this agreement shall not
constitute a waiver of such provision, right or remedy.
11. Each party shall pay and bear all costs and expenses incurred by it in connection with the
preparation for, the performance of, and participation into the Discussion providing in format under
this Agreement.
Page 53 of 66
12. Nothing contained in this Agreement may construe as restricting either party to enter into any
further negotiation or agreement with third party regarding the same subject matter as the business
purpose.
13. (a)The Disclosing Party warrants that it has all necessary rights to disclose
Lawfully the Confidential Information and the Confidential Information has not been
provided in breach of any other agreement or arrangement with third parties. The
Disclosing Party indemnifies the Recipient against liability for third party claims on
that basis.
(b) Each party warrants that it is a corporation with full corporate power and authority to
enter into and do all things necessary for the performance of this agreement. Each
signatory to this agreement warrants that he or she is authorized to sign on behalf of
the corporation for whom he or she acts.
(c) Each party agrees to comply with all applicable Laws and Regulations including but
not limited to laws and regulations relating to export and re-export of technical data
documentation and / or providing insofar as they relate to the information disclosed
under this Agreement.
14. Except for the covenants herein, nothing under this Agreement or in the act of disclosing
Confidential Information will constitute or imply a binding obligation between the Parties if in the
future, the Parties elect to enter into a business relationship; both Parties will execute a separate
written Agreement.
15. Severance :If any of the provisions contained in this Agreement shall be declared invalid,illegal
or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the
remaining provisions contained herein shall not in any way be affected or impaired.
16. Notice: Any notice required or permitted to be given under this Agreement shall begiven in
writing by personal delivery, certified or registered mail, or facsimile and shall be addressed to the
nominated addresses set forth below or such other address as either Party has notified the other
Party in accordance with this Article.
(i) If to BSNL:
Attention:Mr./Ms : OOOO.
Address:OOOOOOOO
OOOOOOOOO..
(ii) If to M/s :
Fax:
17. This Agreement and customer service centre Bid document attached hereto constitutes the
entire agreement of the parties with respect to the parties’ respective obligations in connection with
information disclosed hereunder and supersedes all prior oral and written agreements and
discussions with respect thereto. The parties can amend or modify this Agreement only by a writing
duly executed by their respective authorized representatives. Neither party shall assign this
Agreement without first securing the other party’s written consent.
Page 54 of 66
18. The obligations of confidentiality imposed by this agreement survive the expiration or
termination of this agreement for a period of two years from (i) the last date of confidential Information was
disclosed to the receiving party or (ii) the completion of business purpose whichever is later.
19. The Receiving Party take all reasonable steps to notify the Disclosing Party immediately if
Confidential Information is disclosed in violation of the provisions of this Agreement or is otherwise lost or
unaccounted for. Furthermore, the Receiving Party will take all reasonable steps to notify the Disclosing
Party promptly of any actual or attempted use or possession of any Confidential Information by any
unauthorized person or entity which may become known to it and extend reasonable cooperation to the
Disclosing Party in any investigation or action against any such persons or entities.
20. Notwithstanding anything to the contrary in this Non-Disclosure and Confidentiality Agreement,
if the Receiving Party learns that it is or may be required by applicable court order, law or regulation to
disclose any Confidential Information, then the Receiving Party will (i) attempt to obtain a protective order
or other appropriate relief in lieu of Disclosing such Confidential Information, (ii) as promptly as possible
after learning of a possible disclosure requirement, and in any case prior to making disclosure take
reasonable steps to notify the Disclosing Party of the disclosure requirement so that the Disclosing Party
may seek a protective order or other appropriate relief, (iii) provide such cooperation and assistance as the
Disclosing Party may reasonably request in any effort by the Disclosing Party to obtain such relief, and (iv)
take reasonable steps to limit the amount of Confidential Information so disclosed and to protect its
confidentiality.
21. This Agreement will be construed in interpreted and applied and governed in accordance with
the laws of India and jurisdiction of Court at OOOO. India.
22. All the disputes, differences, controversies / differences of opinions, breaches and violation
arising from or related to the agreement arises out of this Agreement between parties then same shall be
resolved by mutual discussions / reconciliations in good faith.
If the dispute, difference, controversies / differences of opinion, breaches and violation arising from or related to
the agreement cannot be resolved within 60(sixty) days of commencement of reconciliations
/ discussions, then such question, dispute or difference (except as to the matters, the decision to which is
specifically provided under this agreement) shall be referred to the sole arbitration of the
OOO. BSNL or in case his designation is changed or his office is abolished, then in such cases to the
sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or
otherwise) with the functions of the OOO.. BSNL or by whatever designation such an officer may be
called (hereinafter referred to as the said officer), and if the OOOO or the said officer is unable or
unwilling to act as such, then to the sole arbitration of some other person appointed by the OOOO..
or the said officer. There will be no objection to any such appointment on the ground that the arbitrator is a
BSNL employee or Government Servant or that he has to deal with the matter to which the agreement
relates or that in the course of his duties as a Government Servant or BSNL employee, he has expressed
his views on all or any of the matters in dispute. In the event of such an arbitrator to whom the matter is
referred, being transferred or vacating his office or neglecting his work or being unable to act for any
reason whatsoever, the OOOO.. BSNL or the said officer shall appoint another person to act as an
arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to
proceed from the stage at which it was left out by his predecessors.
The Arbitration and Conciliation Act, 1996 and the rules made there under or any statutory modification
or re-enactment there of or any rules made thereof shall be deemed to apply to the arbitration
proceeding under this clause.
The Arbitration proceeding shall be in English language. The Venue of the arbitration proceeding shall
be the office of the OOOO.. BSNL OOOO. India or such other places as the arbitrator may decide.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized
officers or representatives.
Page 55 of 66
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
NAME: NAME:
DESIGNATION: DESIGNATION:
DATE: __ DATE:
Witness Witness
1. 1.
3. 2.
Page 56 of 66
Annexure-A
Category of
CSC
SNo Name of SSA Name of CSC Location of CSC
3 Telephone Exchange ,
1 Faizabad Tanda CSC Ambedkarnagar
2 Faizabad Akbarpur CSC 2 Telephone Exchange , Akbarpur
Ramsanehi Ghat 3 Telephone Exchange
3 Barabanki CSC RamsanehiGhat
4 Barabanki Haidergarh CSC 3 Telephone Exchange Haidergarh
5 Barabanki Fatehpur CSC 3 Telephone Exchange Fatehpur
Old exchange 3 Old Telephone Exchange
6 Barabanki Brabanki CSC Barabanki
7 Gonda Mankapur CSC 3 Telephone Exchange Mankapur
8 Gonda Gonda T.E. 1 Main Telephone Exchange Gonda
9 Gonda Balrampur T.E. 2 Main TE Balrampur
Page 57 of 66
ANNEXURE - B
Compensation Structure of Consumer Mobility Product and Services as per S&D
Policy 2018
The discount / commission of Product and services may be modified from time to time and will be binding
as per the BSNL guidelines.
Compensation Structure of Consumer Mobility Product and Services for Franchisee / e-Distributor
/ Rural distributor / Retailers / Post Offices / Large Retail Chain/ PCO Operators / DSAs (in Rs.)
Sr. No. Name of Particulars Initial discount/ Secondary/ Subsequent
Product margin to incentive to franchisee
Franchisee
Post-Paid Products
1 At present CAF commission for
both physical and e-KYC CAF
SIM & Activation activation is Rs. 10/- per
NIL
(Note) activation and is applicable after
submission of CAF and
activation of SIM. (Note)
Balance incentive if any will be
Post-Paid paid @14% of Fixed monthly
Voice & Data Charges (FMC) at the end each
Plan month for six months subject to
maximum of 90% of lowest FMC
Rs.80/- on or Rs 500/- ( Including initial
Deposit of payment of Rs. 80/-) whichever is
Any Monthly Plan security amount less and payment of monthly bills
at the time of by the customer.
Activation
Page 58 of 66
Pre-Paid Products
Sr. Name of Particulars Discount, margin and incentive to
No. Product Franchisee
2 At present CAF commission for both
physical and e-KYC CAF activation is Rs.
SIM & Activation 10/- per activation and is applicable after
Submission of CAF and activation of SIM.
Pre-Paid Voice &
(Note)
Data 90% of Plan voucher or Rs.100/-
Whichever is less. For special plans where
Plan voucher discount is specified, the same is
Applicable.
Hardware Products
3 Data Card On purchase of Discount @ 7.12% on Sale Price ( See Note)
each data card
Ad-On Products
Sr. Name of Particulars Discount to Franchisee
No. Product
4 Pre-paid to Post Pre-Paid to Post-Paid 50% of FMC subject to max. of Rs. 150/- after
paid plan GSM/CDMA/ etc. payment of 1st bill.
conversion
5 VAS retailing Retailing of Value Discount on EUP (End User Price) same as in case
Through channel
Partners
RCV & TOPUP Products
6 All Top-up
Vouchers/Flexi Top
Up/STV
(Special Tariff Discount @ 4.66% on MRP(See Note)
Vouchers)/RCV(
Recharge
Vouchers)/C TOP
UP
Page 60 of 66
ANNEXURE – CFA
The discount / commission of Product and services may be modified from time to time and will be binding
as per the BSNL guidelines.
Commission structure for CFA products
Page 61 of 66
One month FMC per member 100% commission payable
VPN (Minimum 25 paid line after first bill payment by the
11
customer
Connections)
Page 62 of 66
• For each landline connection beyond 500 provided in a month by the franchisee, additional
commission of Rs.50 per landline shall be payable to the Franchisee.
• For each broadband connection beyond 500 provided in a month by the franchisee,
additional commission of Rs.100 per broadband shall be payable to the Franchisee.
• Additional trade scheme for sale of CFA products can also be declared by corporate office
from time to time.
• Commission for Pre-paid to post-paid plan conversion is defined for franchisee under
Annexure-D of CM-S&D Policy-2018. For Post paid to pre-paid plan conversion
commission shall be provided to CSC Franchisee @ 2 Rs./- per transactions as per
provision made at Para 1.4 (viii) of CSC out sourcing Policy.
Page 63 of 66
ANNEXURE - 2
DEED OF INDEMNITY
TO AND IN FAVOUR OF
Bharat Sanchar Nigam Limited, through the ……………………… BSNL ………………………. Office
(hereinafter referred to as the Purchaser which expression shall unless repugnant to the
context or meaning thereof mean and be deemed to include its authorized representatives
and permitted assigns) on the Other Part.
WHEREAS
(a) The Purchaser had invited bids vide their Tender Enquiry
No.……………………….(hereinafter referred to as ‘Tender’) for the purpose of
…………………………………………………………………………………………………..
(b) The Bidder had submitted its bid/ proposal dated ___ (hereinafter referred to as
the ‘Bid’) for the provision of such services in accordance with its proposal as set
out in its Bid and in accordance with the terms and conditions of the Tender.
(c) The Bidder has in order to comply with the terms of the Tender agreed to execute
the Deed of Indemnity on such terms and conditions more fully mentioned below.
1. The Bidder shall, in consideration of the Purchaser making payment under and in
accordance with the Tender Document, hereby agrees to indemnify the Purchaser
against any costs, loss, damages and claims from third parties or liabilities suffered
by the Purchaser and directly arising out of the following reasons:
b. The Bidder shall protect, defend, indemnify and hold harmless to BSNL and its
employees from and against any and all liabilities, damages, fines, penalties
and cost (including legal costs and disbursements) arising from:
Page 64 of 66
Tender to the extent these are attributable solely to the poor quality
or non-compliance of the products/services to the respective
specifications.
III. Any claims arising from other utility / service providers in connection
with interruptions or degradation of their services due to services
provided by bidder under this Tender.
2. The bidder also declares that in case bidder is blacklisted by GST Authorities in
future
& which results in loss of Input Tax Credit (ITC) to BSNL, then BSNL shall have
right to recover any such loss of ITC arising on account of such black-listing.
(Authorized
Signatory)
Date:
Place:
<< Name of the
Bidder>>
Witness 1:
Witness 2:
Page 65 of 66
SECTION 9 PART C
Note: (i) If bidder has quoted “YES” against CSC/CSCs as per above table, then Bidder has to
submit online price bid for those CSC/CSCs only.
(ii) If bidder has quoted “NO” against CSC/CSCs as per above table, then no need to submit
online price bid for those CSC/CSCs by bidder.
Page 66 of 66